Judge seeks to expedite 'Bay Guardian' lawsuit

THE JUDGE IN the Bay Guardian's lawsuit against SF Weekly's owner moved aggressively Dec. 8 to eliminate roadblocks that might prevent the case from moving expeditiously forward to trial.

Superior Court judge Richard Kramer ordered New Times Media to immediately begin producing discovery material that the Bay Guardian had been seeking. The Bay Guardian is charging that SF Weekly and East Bay Express, both owned by New Times, have been selling ads below cost in an effort to drive the locally owned competitor out of business.

Kramer also indicated his desire to appoint a special "discovery referee" – a retired judge who could quickly mediate and settle future disputes over the release of documents.

Kramer announced that the pace of the proceedings should pick up quickly early next year.

New Times has announced a merger deal with Village Voice Media that would create a 17-paper national chain, and while federal regulators have approved it, state officials in California and Ohio are still reviewing the deal (see page 11).

Gregory Evans, a New Times lawyer from the San Francisco firm Orrick, Herrington, and Sutcliff, initially asked Kramer to close the hearing, complaining that his comments at a previous hearing had appeared in the Bay Guardian. Kramer, citing state law, refused.

New Times lead counsel, Garret G. Rasmussen, of Orrick's Washington, DC, office, was also present.

The Bay Guardian is represented by Richard Hill and E. Craig Moody, of the San Francisco firm Moody and Hill. (Tim Redmond)

E-mail Tim Redmond at tredmond@sfbg.com.